检察机关参与公益诉讼的法律问题研究

检察机关提起公益诉讼已成为多数国家的司法惯例.根据我国检察机关参与公益诉讼的现状和主要问题,并借鉴国外检察机关介入案件的立法及司法实践经验,建议从理论上对检察机关提起公益诉讼的形式和范围进行严格限制,正确处理检察权、审判权和行政权之间平衡与制约的关系,针对公益诉讼案件的不同性质,动态调整检察权的参与程度.

On the Procuratorial Organ''''s Participating in the Public Welfare Lawsuit

The procuratorial organ's instituting the public welfare lawsuit has become the judicial convention in most nations.According to the present situation and the main questions of the procuratorial organ's participating in the public welfare lawsuit,simultaneously profiting from the practice experience of overseas procuratorial organ's involving in the legislation and the judicature of the cases,the author suggest strictly limiting the form and the scope theoretically when the procuratorial organ participates in the public welfare lawsuit,correctly processing the balance and the restriction relations between the examination power,the judicial authority and the executive power,dynamic alignmeneting the participation degree of the examination power according to the public welfare lawsuit case's heterogeneity.